General Terms and Conditions of Delivery and Sale (as at 2024)

I. General information

All deliveries shall be based on these terms and conditions as well as any special contractual agreements; deviating terms and conditions of purchase of the customer shall not become part of the contract even if the order is accepted. The supplier reserves the right of ownership and copyright to samples, cost estimates, drawings, etc.; they may only be made accessible to third parties with the supplier’s consent and are only approximate.

II Binding of the supplier and scope of delivery

The Supplier shall be bound by written offers for a maximum of 30 days. The supplier’s written order confirmation shall be decisive for the scope of delivery, otherwise the supplier’s offer shall be decisive; changes must be made in writing.

III Prices and payment

  1. The prices are ex works, excluding packaging and unloading; they are subject to statutory VAT. A down payment of 40% of the order value is due when the order is placed and 60% before delivery.
  2. The retention of payments or offsetting by the customer is only permitted with undisputed or legally established claims.

IV. Delivery time, delay in delivery

Delivery dates are non-binding unless we have expressly confirmed them as binding in the written order confirmation. The delivery period shall commence upon dispatch of the supplier’s order confirmation, but not before all commercial and technical questions have been clarified and the customer has fulfilled all obligations incumbent upon him (submission of necessary documents, down payment, etc.); in the event of delays for which the customer is responsible, the delivery period shall be extended accordingly.

  1. The delivery period shall be deemed to have been met if either the delivery item has left the factory or the supplier has sent notification of readiness for dispatch by the expiry date.
  2. The retention of the delivery period is subject to correct and timely delivery to the supplier. If non-compliance with the delivery period is due to force majeure, labor disputes or other events beyond the supplier’s control, the delivery period shall also be extended accordingly.
  3. If dispatch or acceptance of the delivery item is delayed for reasons for which the Purchaser is responsible, the Supplier shall be entitled to charge for the damage caused by the delay; in this respect, a monthly flat-rate charge of 0.5% of the gross invoice amount shall be deemed agreed for storage.
  4. In the event of a delay in delivery, the customer shall be entitled to damages; claims for damages shall be limited to a maximum of 0.5% for each week of delay, up to a maximum of 5% of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay.
  5. In the event of a delay in delivery, the customer shall be entitled to withdraw from the contract within the framework of the statutory provisions. He may withdraw from the contract without setting a deadline if the entire performance becomes definitively impossible for the supplier before the transfer of risk. In addition, he may withdraw from the contract if the execution of part of the delivery becomes impossible and he has a legal interest in rejecting the partial delivery. If this is not the case, the customer shall pay the contractual price attributable to the partial delivery. The same applies if the supplier is unable to deliver. Otherwise, Section VIII shall apply.
  6. If the impossibility or inability occurs during the customer’s default of acceptance or if the customer is solely or predominantly responsible for the circumstances, he shall remain obliged to provide consideration.
  7. The importer/buyer may not directly or indirectly sell, export or re-export to the Russian Federation or for use in the Russian Federation.

V. Transfer of risk, acceptance

The risk shall pass to the Purchaser upon dispatch of the notification of readiness for delivery or dispatch of the delivery parts; this shall apply accordingly to partial deliveries or if the Supplier has assumed other services (shipping costs, etc.). Partial deliveries are permissible insofar as reasonable for the Purchaser.
At the request of the Purchaser, the delivery items can be insured for a fee.

VI Retention of title

  1. The supplier retains title to the delivery item until all payments arising from the contract have been received.
  2. The retention of title shall also apply to the claims to which we are entitled in our current business relations with the customer, including future claims.
  3. If the retention of title expires due to the resale of the item, the claims against the customer to which the customer is entitled from the sale shall take the place of the item sold. The right of ownership shall not be revoked by processing and/or combination, but shall continue in the items created by processing and/or combination in the proportion resulting from the ratio of the value of the delivered item. The Customer hereby assigns to the Supplier any rights to which it is entitled against third parties under Sections 946 to 951 BGB.
  4. The supplier is entitled to insure the delivery item.
  5. Until payment has been made in full, the customer may neither sell the delivery item in the ordinary course of business, nor pledge it, nor assign it as security. In the event of breach of contract by the Purchaser, in particular default in payment, the Supplier shall be entitled to take back the delivery item after issuing a reminder and the Purchaser shall be obliged to surrender it.
  6. The Supplier undertakes to release the above securities at the request of the Purchaser at the discretion of the Supplier to the extent that their realizable value exceeds the claims to be secured by 20% or more.

VII Claims for defects

Subject to Section VII, the Supplier warrants as follows:

  1. Material defects
    All those parts which prove to be defective as a result of a circumstance prior to the transfer of risk shall be repaired or replaced free of charge at the discretion of the Supplier. The discovery of such defects must be reported immediately in writing. Replaced parts shall become the property of the Supplier.
    The Purchaser shall, after consultation with the Supplier, give the Supplier the necessary time and opportunity to carry out any repair or replacement delivery which the Supplier deems necessary; otherwise the Supplier shall be released from liability for the resulting consequences. Only in urgent cases of danger to operational safety or to prevent disproportionately large damage, in which case the Supplier must be notified immediately, shall the Purchaser have the right to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary expenses from the Supplier. The Supplier shall bear the direct and reasonable costs arising from the rectification or replacement delivery if a warranty claim exists, provided that this does not result in a disproportionate burden on the Supplier.
    Within the framework of the statutory provisions, the Purchaser has the right to withdraw from the contract if the Supplier – taking into account the statutory exceptions – allows a reasonable deadline set for the rectification or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the customer shall only be entitled to a reduction of the contract price. The right to reduce the contract price is otherwise excluded. Otherwise, Section VIII shall apply.
    No warranty shall be assumed in the following cases in particular; unsuitable or improper use or handling, faulty assembly or commissioning by the customer or third parties, wear and tear, improper maintenance or operating materials, defective construction work, unsuitable building ground, chemical electrochemical or electrical influences. If the Purchaser or third parties carry out improper repairs, the Supplier shall not be liable for the resulting consequences.
  2. Defects of title
    In the event of defects of title, the Supplier shall, at its own expense, procure the right for the Purchaser to continue using the goods or modify the delivered goods in a reasonable manner so that the infringement no longer exists. If this is economically unreasonable or not possible within a reasonable period of time, the Purchaser and/or the Supplier shall be entitled to withdraw from the contract.
    The Supplier shall indemnify the Purchaser against undisputed or legally established claims of the relevant rights holders. Subject to Section VIII, these obligations are conclusive and only exist if
    the Purchaser informs the Supplier immediately,
    the Purchaser supports the Supplier in the defense against such claims and enables the Supplier to carry out modification measures,
    the Supplier reserves the right to take all defensive measures,
    the defect of title is not based on an instruction or unauthorized modification as well as non-contractual use by the Purchaser.

VIII. Liability

If the delivery item cannot be used by the customer in accordance with the contract due to the supplier’s fault as a result of omitted or faulty execution of suggestions and advice given before or after conclusion of the contract or due to the breach of other contractual ancillary obligations – in particular instructions for operation and maintenance of the delivery item – the provisions of Sections VII and VIII shall apply accordingly, to the exclusion of further claims by the customer.
The supplier shall only be liable for damage not caused to the delivery item itself – on whatever legal grounds – in the event of intent, gross negligence on the part of the owner/the executive bodies or executive employees, culpable injury to life, limb or health, defects which he has fraudulently concealed or the absence of which he has guaranteed, defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.
In the event of culpable breach of material contractual obligations, the Supplier shall also be liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical of the contract. Further claims are excluded. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or normal wear and tear (e.g. rotating parts, stators, sealing units) or damage arising after the transfer of risk as a result of incorrect assembly by the customer or third parties, incorrect or negligent handling, excessive strain, unsuitable or improper use, unsuitable operating materials or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.

IX. Statute of limitations

The supplier shall provide a warranty for a period of 1 year from the date of manufacture; the statutory periods shall apply to claims for damages in accordance with Section VII and for defects in a building or for delivery items that have been used for a building in accordance with their normal use and have caused its defectiveness. In addition, the supplier shall assume the full statutory warranty with regard to recourse for the purchase of consumer goods, unless special agreements have been made.
However, the warranty shall expire immediately as soon as replacement and wear parts are used during the warranty period that have not been supplied by APT Allgäuer Pumpen Technik GmbH.

X. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply exclusively; the place of jurisdiction shall be the court responsible for the supplier’s head office in 88239 Wangen im Allgäu.

XI. Return conditions

APT Allgäuer Pumpen Technik GmbH offers the customer the option of returning goods subject to the following conditions:
Returns must be made within 20 days of receipt of the goods. We do not accept the return of soiled or damaged goods. The goods must be in their original condition. Shipping costs incurred will not be refunded. If the goods are returned, we will charge you a restocking fee of € 80.00 plus VAT.

(as at 2024)